Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF AUGUST 25, 2013 FBO #4292
MODIFICATION

M -- Wastewater Pretreatment Plant

Notice Date

8/23/2013
 

Notice Type

Modification/Amendment
 

NAICS

562211 — Hazardous Waste Treatment and Disposal
 

Contracting Office

Department of the Treasury, Bureau of Engraving and Printing (BEP), Office of Acquisition, 14th & C Streets, S.W., Washington, District of Columbia, 20228
 

ZIP Code

20228
 

Solicitation Number

BEP-RFP-13-0239
 

Archive Date

9/24/2013
 

Point of Contact

Marissa Wright, Phone: 2028742451, Michael Bolden, Phone: (202) 874 2438
 

E-Mail Address

marissa.wright@bep.gov, Michael.Bolden@bep.gov
(marissa.wright@bep.gov, Michael.Bolden@bep.gov)
 

Small Business Set-Aside

Total Small Business
 

Description

Solicitation Number: BEP-RFP-13-0239 Notice Type: Combined Synopsis/Solicitation I. OVERVIEW This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR Part 13.5, Test Program for Certain Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number is BEP-RFP-13-0239 and is issued as Request for Proposal (RFP). Under this requirement, the Bureau of Engraving and Printing (BEP) intends to award a commercial, Firm Fixed Price (FFP) and Cost Reimbursement (COST) Hybrid Contract. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-58 including amendments effective May 18, 2012. This requirement is being set-aside as a Total Small Businesses Set- Aside under NAICS code 562211-Hazardous Waste Treatment and Disposal. Only qualified Offerors may submit responses. The small business size standard is $35,500,000.00. II. REQUIREMENT (1) This is a solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart(s) 12.6, as supplemented with additional information included in this notice. The following identifies specific Government requirements for the services requested under this contract, and defines the parameters of the scope of work that will be required by the contractor. (2) This solicitation is issued as a Request for Proposal (RFP), solicitation number BEP-RFP-13-0239, in accordance with FAR Part 13.5, and in accordance with provisions and clauses effective in Federal Acquisition Circular (FAC 2005-64 effective January 18, 2013. The North American Industry Classification System (NAICS) code is 562211, and the business size standard is $35.5M. (3) This proposed acquisition is a total small business set-aside. (4) The resulting contract will be fixed-price and cost reimbursement hybrid contract. (5) Applicable scope of objective is performance based on clauses, provisions, and wage determinations are attached. (6) To be eligible for award, the Offeror must register at https://www.sam.gov, and complete the Representatives and Certifications. (7) Period of Performance - This award will result in one (1) year base period with 1 twelve (12) month option period. (8) Submit electronic copies to Marissa Wright at marissa.wright@bep.gov and hard copies to Marissa Wright, Bureau of Engraving & Printing, 14th & C Streets, SW. Washington, DC 20228. (9) Proposals are due on or before 11:00AM EST 09 SEPTEMBER 2013. (10) Pricing should be submitted using the applicable Schedule B. (11) Proposals must be valid for ninety (90) days after due date. (12) Any amendment(s) issued to this RFP will be published on this website. Therefore, it the Offeror's responsibility to visit this website frequently for updates on this procurement. (13) In support of the referenced Request for Proposal (RFP), the Bureau of Engraving & Printing (BEP) will host a site visit which will be held as follows: Date & Time: Tuesday, 20 AUGUST 2013 AT 11:00 AM EST. Prospective contractors should arrive at the Processing Center at which time they will be given instructions on how to access the BEP and will be escorted to the meeting room. Location of Site Visit: Bureau of Engraving and Printing - Eastern Currency Facility 14th C Street SW Washington, DC 20228 Security: Prospective contractors will need to process through security once they arrive at the facility. Government issued photo ID will be required to gain access into the facility. Please plan to arrive at the facility at least thirty minutes before the site vist to allow for the security process. Contractors are required to notify Marissa Wright via email at Marissa.wright@bep.gov, with the names of the individuals (2 per company) who will attend the site visit. Notification must be sent prior to the visit by COB 15 AUGUST 2013. QUESTIONS REGARDING THE SITE VISIT ON 20 AUGUST 2015 ARE DUE BY 1:00PM EST ON 23 AUGUST 2013. The Plant requires operational support services on a 24x7x365 basis (Normal Business Hours). The purpose of this requirement is to obtain the necessary labor, equipment, tools, supplies, preventative maintenance, management, supervision and other such resources and services to operate in a safe, neat, clean, orderly effective and professional fashion for the BEPs plant as prescribed in the Performance Work Statement, (PWS). SCHEDULE B - CONTRACT LINE ITEM NUMBERS: CLIN Type Supplies or Service Unit Unit Price Max Amount 0001 FFP The Contractor shall provide Wastewater Pretreatment Plant Services as outlined in the PWS. 0002 COST NTE $392,000 ODC's for incidental supplies, parts, and materals shall only be paid when authorized by the Government. 0003 FFP Option Period 1: The Contractor shall provide Wastewater Pretreatment Plant Services as outlined in the PWS. 0004 COST NTE $392,000 Option Period 1: ODC's for incidental supplies, parts, and materals shall only be paid when authorized by the Government. DELIVERIES OR PERFORMANCE CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS 0001 POP 01-OCT-2013 TO 30-SEPT-2014 N/A DEPARTMENT OF THE TREASURY BUREAU OF ENGRAVING AND PRINTING DISTRICT OF COLUMBIA, DC 20228 FOB: Destination 0002 POP 01-OCT-2013 TO 30-SEPT-2014 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination 0003 POP 01-OCT-2014 TO 30-SEPT-2015 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination 0004 POP 01-OCT-2014 TO 30-SEPT-2015 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination III. INSTRUCTION: Proposal Submission A. To ensure timely and equitable evaluation of proposals, offerors must follow the instruction contained herein. Offeror proposals must be complete, sufficient and respond directly to the requirements of this solicitation. It will be the sole responsibility of the offeror to ensure that its proposal is received by the Government at the stated deadline date and time. The offeror's proposed price must be in U.S. Dollars. B. SPECIFIC INSTRUCTIONS: 1. The offeror's proposal may be submitted by email (a) Technical Proposal, and (b) a Price Proposal, using the incorporated Scheduled B, in response to this solicitation. The proposal package and contents therein must be properly tabbed, organized and legible. 2. Offerors are responsible for submitting signed and dated proposals; any modifications, revisions or withdrawals thereto; and, acknowledgement of any solicitation amendments to the Government contracting office designated in the solicitation by the time specified in the solicitation at or before the exact time specified in this solicitation. 3. Proposals that fail to include required information or reject the terms and conditions of the solicitation may be excluded from consideration. 4. Offerors agree to hold firm the prices in its offer for 90 calendar days from the deadline date specified in the solicitation for receipt of offers. 5. Below are the submittal requirements that must be included in the offeror's proposal package. Factor 1: Technical Approach (Maximum of 30 Pages): Technical Approach including phase-in: Offeror shall discuss their overall approach to being able to satisfy the requirements of this RFP. Offeror shall demonstrate their value proposition to being able to provide for the requirements of this RFP in a highly consistent, technically competent and process oriented level. The offeror shall also describe any unique technical processes the offeror will offer/bring to the BEP. The technical approach shall discuss and describe realistic approaches that are sound and easily understandable in demonstrating the level of the Offeror's ability to perform the work being proposed. If applicable, the offeror shall address any Phase-In period of the contract in order to ensure a proper, orderly, smooth and successful transition of work from one contractor to another. At a minimum Offerors shall discuss and describe with their proposed technical approach based on the following; i. Providing the resources, specifically the Tools and Equipment, Materials and labor to support the work. ii. Providing the necessary management to perform this effort. For example,; corporate management, program/technical management, contract administration management, quality control management, Phase-In/ Phase-Out management, management information systems and subcontract management. iii. Providing support during contingencies, emergencies and instances concerning personnel illnesses, vacations, etc. For example, one individual would cover another during such instances. iv. Evaluating, selecting, procuring, scheduling, maintaining and stocking any Materials that would be used in supporting the work. Sub-Factor 1: Qualifications of Personnel and Staffing Plan: The Government will evaluate the Offeror's personnel qualifications and capabilities by proposed personnel and job descriptions. Offeror shall provide detailed information for personnel. Information provided shall be limited to experiences, training, and education. Offerors shall provide the following; a. Resumes for all personnel fulfilling the position(s) of Key personnel as defined in Section 4.0 of Attachment 2 of this RFP. Resumes shall be no longer than three (3) pages in length and include at a minimum information on an individual's qualifications and work experience (including names of employers and dates) as well as any other pertinent information to provide the Government the ability to appropriately evaluate the resume. However, where resumes are unavailable Offerors shall submit a signed Letter of Intent (LOI) for the proposed individual, indicating that the individual will perform this effort on behalf of the Offeror upon award of the contract. The LOI shall contain at a minimum; the proposed position that the individual would be fulfilling and a brief summary of any other pertinent information (i.e. education, background, qualifications) to provide the Government the ability to appropriately evaluate the individual proposed. b. For all other proposed roles (refer to the defined roles in Attachment 1 Section 5.2 for details), a job description of each role outlining their primary function(s) and responsibilities as well as including the minimum qualifications (i.e. years of experience, educational, certification level, capabilities) that individuals performing the role must meet. c. In regards to providing the labor because it is the responsibility of an Offeror to determine how this effort is to be staffed, including determining what roles to use, how many individuals are needed within those roles and the full extent of their responsibilities (refer to the defined roles in Attachment 1 Section 5.2 for details) Offerors shall provide the following; i. A proposed work week schedule showing all positions being proposed. This work week schedule shall show each proposed role and its corresponding shift (e.g. day or night) and hours (e.g. 8:00 am through 5:00 pm) being performed. Notes: #1 If an Offeror knows the name of an individual performing a specific role the name of that individual shall be included in the work week schedule. #2 Indicate where individuals are filling multiple roles. Sub-Factor 2: Quality Approach: The Government will evaluate the Offerors quality approach to successfully perform this effort. The quality approach shall clearly describe the Offeror's techniques, processes and methods to be used to achieve, maintain and control, and further improve upon the quality throughout performance of this effort. This section shall address at a minimum the following areas; a. How the Offeror will identify and correct deficiencies in performance, b. Respond to issues and take corrective actions to resolve them, c. How documentation and records will be properly controlled and maintained, d. The inspection techniques that will be used to ensure services are in line with applicable regulations (e.g. Vehicles inspections) and performance standards (e.g. non-emergency response times), e. The quality systems and standards the Offeror has established which will be used in support of this effort. Factor 2: Past Performance References (Maximum of 10 Pages): The offeror shall provide a total of three (3) references for work as the prime or as a subcontractor in the last 3 years that are the same or similar in nature or scope to the PWS requirements set forth herein. We will also accept past performance information on contracts you have had when you acted as a subcontractor, part of a team under a contracting teaming arrangement, and contracts you have had under a previous company name(s). Commercial experience is acceptable insofar as it is recent, relevant and referenceable. The Offeror must provide a list of at least three (3) contracts and/or projects, completed within the last five (5) years, or that are presently being accomplished, by the offeror that are the same or similar in nature or scope to the PWS requirements set forth herein. The offeror must describe the nature and scope of the contracts/projects and include dates of performance as well as the dollar value of the contracts/projects. The following information, if applicable, must be provided: a. Name of client b. Contract Title/Number c. Period of Performance d. Approximate dollar value of the contract e. Brief description of the overall goal of the contract f. Brief summary of the Offeror's success in reaching the stated goal Factor 3: Price Offerors shall complete the Schedule of Supplies/Services table provided in Section B. Offerors must quote prices for all service line items, including all options, in order to be considered for award All pricing shall be inclusive of all Offeror's direct costs (labor, training, and travel), indirect costs, and profit. IV. EVALUATION & AWARD The Government will award a FFP type contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Proposals will be evaluated in accordance with FAR 12.602. The Government intends to evaluate offers and award a contract without discussion with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if it is later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. Technical Evaluation Factors Factor 1: Technical Approach - The Government will evaluate the Offeror's proposal to ascertain how well your firm understands the requirements and has the ability to satisfy the Government's needs. Technical Approach including phase-in: The Government will evaluate the offeror's proposed approach to being able to satisfy the requirements of this RFP. The Government will evaluate the offeror's ability to demonstrate their value proposition to being able to provide for the requirements of this RFP in a highly consistent, technically competent and process oriented level and any unique technical processes the offeror will offer/bring to the BEP. The Government will also evaluate the offeror's ability to discuss and describe realistic approaches that are sound and easily understandable in demonstrating the level of the Offeror's ability to perform the work being proposed. The Government will evaluate the offeror's ability to address any Phase-In period of the contract in order to ensure a proper, orderly, smooth and successful transition of work from one contractor to another. The Government will evaluate the offeror's ability to: i. Provide resources, specifically the Tools and Equipment, Materials and labor to support the work. ii. Provide the necessary management to perform this effort. For example,; corporate management, program/technical management, contract administration management, quality control management, Phase-In/ Phase-Out management, management information systems and subcontract management. iii. Provide support during contingencies, emergencies and instances concerning personnel illnesses, vacations, etc. For example, one individual would cover another during such instances. iv. Evaluate, select, procure, schedule, maintain and stock any Materials that would be used in supporting the work. Sub-Factor 1: Qualifications of Personnel and Staffing Plan: The Government will evaluate the Offeror's personnel qualifications and capabilities by proposed personnel and job descriptions. The Government will evaluate the offeror's resumes and/ or LOI for all proposed personnel fulfilling the position(s) of Key personnel as defined in Section 4.0 of Attachment 2 of this RFP. The Government will evaluate all other proposed roles (refer to the defined roles in Attachment 1 Section 5.2 for details), the job description of each role outlining their primary function(s) and responsibilities as well as including the minimum qualifications (i.e. years of experience, educational, certification level, capabilities) that individuals performing the role must meet. The Government will evaluate the offeror's proposed staffing plan including determining what roles to use, how many individuals are needed within those roles and the full extent of their responsibilities (refer to the defined roles in Attachment 1 Section 5.2 for details). The Government will also evaluate the offeror's proposed work week schedule showing all positions being proposed. Sub-Factor 2: Quality Approach: The Government will evaluate the Offerors quality approach to successfully perform this effort. The Government will evaluate the offeror's Offeror's techniques, processes and methods to be used to achieve, maintain and control, and further improve upon the quality throughout performance of this effort. The government will evaluate: a. How the offeror will identify and correct deficiencies in performance, b. Respond to issues and take corrective actions to resolve them, c. How documentation and records will be properly controlled and maintained, d. The inspection techniques that will be used to ensure services are in line with applicable regulations (e.g. Vehicles inspections) and performance standards (e.g. non-emergency response times), e. The quality systems and standards the Offeror has established which will be used in support of this effort. FACTOR 2: Past Performance and Experience The Government will conduct a past performance assessment based on at least three (3) contracts and/or projects, completed within the last five (5) years, or that are presently being accomplished, by the offeror that are the same or similar in nature or scope to the PWS requirements set forth herein. FACTOR 3: Price The Government will evaluate offers for award purposes by adding the total of all CLIN prices, including all options to ensure that pricing is not unbalanced. Price will be evaluated for accuracy, completeness and reasonableness using techniques in FAR 12.209. No adjectival ratings will be used to evaluate price. V. TERMS AND CONDITIONS 1. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force andeffect as if they were given in full text. Upon request, the CO will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far 2. 52.202-1 DEFINITIONS (JULY 2004) 3. 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984) 4. 52.203-7 ANTI KICKBACK PROCEDURES (OCT 2010). 5. 52.204-2 SECURITY REQUIREMENTS (AUG 1996) 6. 52.204-09 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL. 7. 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (FEB 2012) 8. 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) 9. 52.233-1 DISPUTES (DEC 1991) 10. 52.233-3 PROTEST AFTER AWARD (AUG 1996) 11. 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) 12. 52.243-4 CHANGES (JUNE 2007) 13. 52.243-3 CHANGES - TIME AND MATERIALS/ LABOR HOURS ( SEPT 2000) 14. 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997) 15. 52.223-3 Alt 1 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JUL 1995) 16. 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION. (AUG 2003) 17. 52.223-5 Alt 1 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION. (AUG 2003) 18. 52.223-10 WASTE REDUCTION PROGRAM (AUG 2000) 19. 52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997) 20. 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) 21. 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) 22. 52.245-9 USE AND CHARGES (JUN 2007) 23. 52.247-35 F.O. B. DESTINATION, WITHIN CONSIGNEE'S PREMISES (APR 1984) 24. 52.248-1 VALUE ENGINEERING (FEB 2000) 25. 52.245-1 GOVERNMENT PROPERTY (JUN 2007) 26. 52.245-1 ALT 1 GOVERNMENT PROPERTY (JUN 2007) 27. 52.246-6 INSPECTION-TIME-AND-MATERIAL AND LABOR-HOUR (MAY 2001) 28. 52.246-24 LIMITATION OF LIABILITY-HIGH-VALUE ITEMS ALTERNATE I (APR 1984). 29. 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT) (FIXED-PRICE) (APR 2012) 30. 52.249-14 EXCUSABLE DELAYS (APR 1984) 31. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS. As prescribed in 12.301(b)(4), insert the following clause: CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2013) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). _X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). _X_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). _X_ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). _X_ (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note). _X_ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313). _X_ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). __ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (11) [Reserved] _X_ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). __ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. _X_ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). __ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Jul 2010) of 52.219-9. __ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). _X_ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (18) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (ii) Alternate I (June 2003) of 52.219-23. __ (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (21) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). _X_ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)). __ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)). __ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)). _X (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __X _ (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). _X (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X _ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). _X _ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). _X (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). __ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). __ (34) 52.222-54, Employment Eligibility Verification (JUL 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). __ (ii) Alternate I (DEC 2007) of 52.223-16. _X_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). __ (39) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). __ (ii) Alternate I (Mar 2012) of 52.225-3. __ (iii) Alternate II (Mar 2012) of 52.225-3. __ (iv) Alternate III (Nov 2012) of 52.225-3. __ (41) 52.225-5, Trade Agreements (NOV 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). __ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X_ (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (48) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). _X_ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contractby reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] _X_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). _X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). _X_ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 351, et seq.). __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). _X_ (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495). __ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (JUL 2012). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) 32. 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within _30 days of contract completion. (End of clause) 33. 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least __30__ days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed ___30_______ (months). 34. 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2012) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 561210. (2) The small business size standard is $35.5M. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b) Representations. (1) The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern. (2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a women-owned small business concern. (4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (b)(3) of this provision.] The offeror represents as part of its offer that-- (i) It * is, * is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ballot] is, [ballot] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ----------.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (b)(4) of this provision.] The offeror represents as part of its offer that-- (i) It * is, * is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ballot] is, [ballot] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ----------.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. (6) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern. (7) (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(6) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern. (8) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, as part of its offer, that-- (i) It [squ] is, [squ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It [squ] is, [squ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (b)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: --------.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (c) Definitions. As used in this provision-- "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program. Service-disabled veteran-owned small business concern-- (1) Means a small business concern-- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern," means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision. Veteran-owned small business concern means a small business concern-- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned small business concern," means a small business concern -- (1) That is at least 51 percent owned by one or more women; in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)", means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished. (2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall- (i) Be punished by imposition of fine, imprisonment, or both; (ii) Be subject to administrative remedies, including suspension and debarment; and (iii) Be ineligible for participation in programs conducted under the authority of the Act. (End of clause) 35. ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE PAYMENT PLATFORM (IPP) The vendor is hereby permitted to invoice once per month. Payment requests must be submitted electronically through the U.S. Department of the Treasury's Invoice Payment Platform System (IPP). "Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in FAR 32.905(b), "Payment documentation and process" and the applicable Prompt Payment clause included in this contract (see section I below). The IPP website address is: https://www.ipp.gov Under this contract, the following documents are required to be submitted as an attachment to the IPP invoices None The Contractor must use the IPP website to enroll, access, and use IPP for submitting requests for payment. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the CO. 36. DTAR 1052.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) APPOINTMENT AND AUTHORITY (AUG 2011) (a) The COR is Myron Hodge. (b) Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated in writing. The term "technical direction" includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily. (c) Technical direction must be within the scope of the contract specification(s)/work statement. The COR does not have authority to issue technical direction that: (1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement; (2) Constitutes a change as defined in the clause entitled "Changes"; (3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance; (4) Changes any of the terms, conditions, or specification(s)/work statement of the contract; (5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or (6) Directs, supervises or otherwise controls the actions of the contractor's employees. (d) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.. (e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the contractor, any direction of the COR or the designated representative falls within the limitations of (c) above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day. (f) Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled "Disputes." (End of clause) 37. DTAR 1052.228-70 INSURANCE AUG 2011 In accordance with the clause entitled "Insurance - Work on a Government Installation" [or "Insurance - Liability to Third Persons"] in Section I, insurance of the following kinds and minimum amounts shall be provided and maintained during the period of performance of this contract: (a) Worker's compensation and employer's liability. The contractor shall, as a minimum, meet the requirements specified at FAR 28.307-2(a). (b) General liability. The contractor shall, at a minimum, meet the requirements specified at FAR 28.307-2(b). (c) Automobile liability. The contractor shall, at a minimum, meet the requirements specified at FAR 28.307-2(c). (End of clause) 38. DTAR 1052.232-1 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (AUG 2012) (a) Definitions. As used in this clause-- (1) "Payment request" means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), ``Payment documentation and process'' and the applicable Payment clause included in this contract. (2) [Reserved] (b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Internet Payment Platform (IPP). Information regarding IPP is available on the Internet at www.ipp.gov. Assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131. (c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing. (d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request. (End of clause) 39. I.6.0 DTAR 1052.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JAN 1990) (DEVIATION):(a) Definitions. • Agency," as used in this clause, means executive agency as defined in 2.101. • Covered Federal action," as used in this clause, means any of the following Federal actions: (a) The awarding of any Federal contract. (b) The making of any Federal grant. (c) The making of any Federal loan. (d) The entering into of any cooperative agreement. (e) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. • Indian tribe" and 'tribal organization," as used in this clause, have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450B) and include Alaskan natives. • Influencing or attempting to influence," as used in this clause, means making, with the intent to influence, any communication to or an appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action. • Local government," as used in this clause, means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government. • Officer or employee of an agency," as used in this clause, includes the following individuals who are employed by an agency: (a) An individual who is appointed to a position in the Government under title 5, United States Code, including a position under a temporary appointment. (b) A member of the uniformed services, as defined in subsection 101(3), title 37, United States Code. (c) A special Government employee, as defined in section 202, title 18, United States Code. (d) An individual who is a member of a Federal Advisory Committee Act, title 5, United States Code, appendix 2. • Person," as used in this clause, means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law. • Reasonable compensation," as used in this clause, means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for such work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government. • Reasonable payment," as used in this clause, means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector. • Recipient," as used in this clause, includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law. • Regularly employed," as used in this clause, means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days. • State," as used in this clause, means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers. (b) Prohibitions. (1) Section 1352 of title 31, United States Code, among other things, prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: The awarding of any Federal contract; the making of any Federal grant; the making of any Federal loan; the entering into of any cooperative agreement; or the modification of any Federal contract, grant, loan, or cooperative agreement. (2) The Act also requires Contractors to furnish a disclosure if any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a Federal contract, grant, loan or cooperative agreement. (3) The prohibitions of the Act do not apply under the following conditions: (i) Agency and legislative liaison by own employees. (A) The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action if the payment is for agency and legislative liaison activities not directly related to a covered Federal action. (B) For purposes of subdivision (b)(3)(i)(A) of this clause, providing any information specifically requested by an agency or Congress is permitted at any time. (C) The following agency and legislative liaison activities are permitted at any time where they are not related to a specific solicitation for any covered Federal action: (1) Discussing with an agency the qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities. (2) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use. (D) The following agency and legislative liaison activities are permitted where they are prior to formal solicitation of any covered Federal action- (1) Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action; (2) Technical discussions regarding the preparation of any unsolicited proposal prior to its official submission; and (3) Capability presentations by persons seeking awards from an agency pursuant to the provision of the Small Business Act, as amended by Pub. L. 95-507, and subsequent amendments. (E) Only those services expressly authorized by subdivision (b)(3)(i)(A) of this clause are permitted under this clause. (ii) Professional and technical services. (A) The prohibition on the use of appropriated funds, in subparagraph (b)( 1) of this clause, does not apply in the case of- (1) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. (2) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations. (B) For purposes of subdivision (b)(3)(ii)(A) of this clause, "professional and technical services" shall be limited to advice and analysis directly applying any professional or technical discipline. The following examples are not intended to be all inclusive, to limit the application of the professional or technical exemption provided in the law, or to limit the exemption to licensed professionals. For example, drafting of a legal document accompanying a bid or proposal by a lawyer is allowable. Similarly, technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable. However, communication with a technical person (such as a licensed accountant) are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely in the preparation, submission or negotiation of a covered Federal action. Thus, for example, communication with the intent to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her client's proposal, but generally advocate one proposal over another are not allowable under this section because the lawyer is not providing professional legal services. Similarly, communications with the intent to influence made by an engineer providing an engineering analysis prior to the preparation or submission of an bid or proposal are not allowable under this section since the engineer is providing technical services but not directly in the preparation, submission or negotiation of a covered Federal action. (C) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents. (D) Only those services expressly authorized by subdivisions (b)(3)(ii)(A)(1) and (2) of this clause are permitted under this clause. (E) The reporting requirements of FAR 3.803(a) shall not apply with respect to payments of reasonable compensation made to regularly employed officer or employees of a person. (iii) Selling activities by independent sales representatives. The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply to the following selling activities before an agency by independent sales representatives, provided such activities are prior to formal solicitation by an agency and are specifically limited to the merits of the matter: (A) Discussing with an agency (including individual demonstrations) the qualities and characteristics of the person's products or services, conditions or terms of sale, and service capabilities; and (B) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use. (c) Disclosure. (1) The Contractor who requests or receives from an agency a Federal contract shall file with that agency a disclosure form, OMB standard form LLL, Disclosure of Lobbying Activities, if such person has made or has agreed to make any payment using nonappropriated funds (to include profits from any covered Federal action), which would be prohibited under subparagraph (b)(1) of this clause, if paid for with appropriated funds. (2) The Contractor shall file a disclosure form at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any disclosure form previously filed by such person under subparagraph (c)(1) of this clause. An event that materially affects the accuracy of the information reported includes- (i) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (ii) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or (iii) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered Federal action. (3) The Contractor shall require the submittal of a certification, and if required, a disclosure form by any person who requests or receives any subcontract exceeding $100,000 under the Federal contract. (4) All subcontractor disclosure forms (but not certifications) shall be forwarded from tier to tier until received by the prime Contractor. The prime Contractor shall submit all disclosures to the Contracting Officer at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor. Each subcontractor certification shall be retained in the subcontract file of the awarding Contractor. (d) Agreement. The Contractor agrees not to make any payment prohibited by this clause. (e) Penalties. (1) Any person who makes an expenditure prohibited under paragraph (a) of this clause or who fails to file or amend the disclosure form to be filed or amended by paragraph (b) of this clause shall be subject to civil penalties as provided by 31 USC 1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable. (2) Contractors may rely without liability on the representation made by their subcontractors in the certification and disclosure form. (f) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision. (End of clause) 40. DTAR 1052.210-70 CONTRACTOR PUBLICITY. The Contractor, or any entity or representative acting on behalf of the Contractor, shall not refer to the equipment or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer. Should any reference to such equipment or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government shall consider institution of all remedies available under applicable law, including 31 U.S.C. 333, and this contract. Further, any violation of this provision may be considered during the evaluation of past performance in future competitively negotiated acquisitions. (End of clause) 41. DTAR 1052.219-73 DEPARTMENT OF THE TREASURY MENTOR-PROTÉGÉ PROGRAM (June 2003) (a) Large and small businesses are encouraged to participate in the Department of the Treasury Mentor-Protégé Program. Mentor firms provide small business protégés with developmental assistance to enhance their capabilities and ability to obtain federal contracts. (b) Mentor firms are large prime contractors or eligible small businesses capable of providing developmental assistance. Protégé firms are small businesses as defined in 13 CFR parts 121, 124, and 126. Developmental assistance includes technical, managerial, financial, and other mutually beneficial assistance to aid protégé. Contractors interested in participating in the Program are encouraged to contact the Department of the Treasury Office of Small and Disadvantaged Business Utilization for further information. (End of provision) 42. DTAR 1052.219-75 MENTOR REQUIREMENTS AND EVALUATION AUG 2011 (a) Mentor and protégé firms shall submit an evaluation to the Department of the Treasury's Office of Small and Disadvantaged Business Utilization (OSDBU) at the conclusion of the mutually agreed upon Program period, or the voluntary withdrawal by either party from the Program, whichever occurs first. At the conclusion of each year in the Mentor-Protégé Program, the prime contractor and protégé will formally brief the Department of the Treasury Mentor-Protégé Program Manager regarding program accomplishments under their mentor-protégé agreements. (b) A mentor or protégé must notify the OSDBU and the contracting officer, in writing, at least 30 calendar days in advance of the effective date of the firm's withdrawal from the Program. A mentor firm must notify the OSDBU and the contracting officer upon receipt of a protégé's notice of withdrawal from the Program. (c) Contracting officers may provide, as an incentive, a bonus score, not to exceed 5% of the relative importance assigned to the non-price factors. If this incentive is used, the contracting officer shall include language in the solicitation indicating that this adjustment may occur. (End of clause) 43. 1052.224-1 CONTRACT PUBLICATION As prescribed in 1024.203(c), insert the following clause in solicitations where publication of the contract and/or order is anticipated: The contractor shall submit, within ten business (10) days from the date of award of the contract or any order hereunder (exclusive of Saturdays, Sundays, and federal holidays), a.pdf file of the fully executed contract or order with all proposed necessary redactions, including redactions of any trade secrets or any commercial or financial information that it believes to be privileged or confidential business information, suitable for public disclosure at the sole discretion of the United States Department of the Treasury. The contractor shall provide a detailed written statement specifying the basis for each of its proposed redactions, including the applicable exemption under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and, in the case of FOIA Exemption 4, 5 U.S.C. § 552(b)(4), shall demonstrate why the information is considered to be a trade secret or commercial or financial information that is privileged or confidential. Information provided by the contractor in response to this requirement may itself be subject to disclosure under the FOIA. The Treasury will carefully consider all of the contractor's proposed redactions and associated grounds for nondisclosure prior to making a final determination as to what information may be properly withheld. 44. FAR 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately give notice, including all relevant information, to the Contracting Officer. (End of clause)   IV. LIST OF ATTACHMENTS Attachment Title 1 PERFORMANCE WORK STATEMENT 2 TERMS AND CONDITIONS 3 DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY WASTEWATER DISCHARGE PERMIT NO. 017-9 4 WASTEWATER PRETREATMENT PLANT (WWPP) CHEMICAL TREATMENT PROCESS WIPING SOLUTION WASTEWATER PRETREATMENT PLANT (WSWPP) 5 WASTEWATER PRETREATMENT PLANT (WWPP) CHEMICAL TREATMENT PROCESS PLATING WASTEWATER PRETREATMENT PLANT (PWPP) 6 EHS REQUIREMENT AND FORBIDDEN MATERIALS 7 BEP FURNISHED EQUIPMENT 8 EQUIPMENT LIST FOR WWSPP AND PWPP 9 TREATMENT CHEMICAL AND DIRECT SUPPLIES HANDLING 10 DOL WAGE DETERMINATION NO. 2005-2103 REVISION NO. 7 DATED 03/16/09 11 SPECIFICATION FOR BENTONITE 12 SPECIFICATION FOR 93% SULFURIC ACID 13 SPECIFICATION FOR PRE COAT FILTER AID 14 SPECIFICATION FOR SODIUM BISULFITE 15 SPECIFICATION FOR CUBIC YARD BOXES WITH LIDS 16 SPECIFICATION FOR WOOD COMPOSITE PALLETS 17 SPECIFICATION FOR BOX LINERS 18 MATERIALS BOILERPLATE 19 LARGE EQUIPMENT BOILERPLATE
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/TREAS/BEP/OPDC20220/BEP-RFP-13-0239/listing.html)
 

Place of Performance

Address: 14th C Street SW, Washington, District of Columbia, 20228, United States

Zip Code: 20228
 

Record

SN03159902-W 20130825/130823235047-c0e357f65064889273b62422f14df068 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

---

| FSG Index  |  This Issue's Index  |  Today's FBO Daily Index Page |